Truck sent car into retaining wall, suit alleges

Michelle Massey, East Texas Bureau Oct. 6, 2010, 1:48pm

SHERMAN-A Denton County resident has filed a personal injury lawsuit after her vehicle was rear-ended by a tractor-trailer.

Anita Kay Sieracki and Shawn Sieracki filed suit against Leoni G. Estrada and Con-Way Truckload Inc. on Aug. 11 in Denton County District Court. The defendant removed the case to the Eastern District of Texas, Sherman Division on Sept. 20.

The incident occurred on April 13 as Anita Kay Sieracki was traveling on Interstate Highway 35 when she was rear ended by a tractor-trailer driven by Estrada. The impact caused her vehicle to strike the retaining wall.

Defendant Estrada is accused of negligence for failing to keep a proper lookout, failing to maintain proper control of the vehicle, driving with willful disregard for the safety of others, failed to timely apply the brakes, for being inattentive and for failing to maintain an assured clear distance between vehicles.

Defendant Conway Truckload is accused of negligence for hiring the driver, failing to investigate Estrada' driving ability, prior employment history and driving record, failing to properly train, supervise and implement safety policies and procedures.

Anita Kay Sieracki is seeking damages for permanent injuries, conscious physical and mental pain and anguish, physical impairment, disfigurement, loss of wages, loss of wage earning capacity and medical expenses, plus interest and court costs.

Shawn Sieracki is seeking damages for mental anguish, loss of household services, and spousal consortium.

The plaintiffs are represented by Coppell attorney Hunt Bonneau.

Jury trial is requested.

U.S. District Judge Michael H. Schneider is assigned to the case.

Case No. 4:10cv00488

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